Inside The U.S. Transportation Security Administration by Michael Erbschloe - HTML preview

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Good morning Chairman Chaffetz, Ranking Member Cummings, and Members of the Committee.

 

Thank you for inviting me here today to discuss our work on the Transportation Security Administration (TSA). Our reviews have given us a perspective on the obstacles facing TSA in carrying out an important — but incredibly difficult — mission to protect the Nation's transportation systems and ensure freedom of movement for people and commerce.

 

Throughout this year, I have testified — before this Committee and others — regarding my concerns about TSA’s ability to execute its important mission. I highlighted the challenges TSA faced. I testified that these challenges were in almost every area of TSA’s operations: its problematic implementation of risk assessment rules, including its management of TSA Precheck; failures in passenger and baggage screening operations, discovered in part through our covert testing program; TSA’s controls over access to secure areas, including management of its access badge program; its management of the workforce integrity program; TSA’s oversight over its acquisition and maintenance of screening equipment; and other issues we have discovered in the course of over 115 audit and inspection reports.

 

My remarks were described as “unusually blunt testimony from a government witness,” and I will confess that it was. However, those remarks were born of frustration that TSA was assessing risk inappropriately and did not have the ability to perform basic management functions in order to meet the mission the American people expect of it. These issues were exacerbated, in my judgment, by a culture, developed over time, which resisted oversight and was unwilling to accept the need for change in the face of an evolving and serious threat. We have been writing reports highlighting some of these problems for years without an acknowledgment by TSA of the need to correct its deficiencies.

 

We may be in a very different place than we were in May, when I last testified before this Committee regarding TSA. I am hopeful that Administrator Neffenger brings with him a new attitude about oversight. Ensuring transportation safety is a massive and complex problem, and there is no silver bullet to solve it. It will take a sustained and disciplined effort. However, the first step in fixing a problem is having the courage to critically assess the deficiencies in an honest and objective light. Creating a culture of change within TSA, and giving the TSA workforce the ability to identify and address risks without fear of retribution, will be the new Administrator’s most critical and challenging task.

 

I believe that the Department and TSA leadership have begun the process of critical self-evaluation and, aided by the dedicated workforce of TSA, are in a position to begin addressing some of these issues. I am hopeful that the days of TSA sweeping its problems under the rug and simply ignoring the findings and recommendations of the OIG and GAO are coming to an end.

 

Our Most Recent Covert Testing

In September 2015, we completed and distributed our report on our most recent round of covert testing. The results are classified at the Secret level, and the Department and this Committee have been provided a copy of our classified report. TSA justifiably classifies at the Secret level the validated test results; any analysis, trends, or comparison of the results of our testing; and specific vulnerabilities uncovered during testing. Additionally, TSA considers other information protected from disclosure as Sensitive Security Information.

 

While I cannot talk about the specifics in this setting, I am able to say that we conducted the audit with sufficient rigor to satisfy the standards contained within the Generally Accepted Government Auditing Standards, that the tests were conducted by auditors within our Office of Audits without any special knowledge or training, and that the test results were disappointing and troubling. We ran multiple tests at eight different airports of different sizes, including large category X airports across the country, and tested airports using private screeners as part of the Screening Partnership Program. The results were consistent across every airport.

 

Our testing was designed to test checkpoint operations in real world conditions. It was not designed to test specific, discrete segments of checkpoint operations, but rather the system as a whole. The failures included failures in the technology, failures in TSA procedures, and human error. We found layers of security simply missing. It would be misleading to minimize the rigor of our testing, or to imply that our testing was not an accurate reflection of the effectiveness of the totality of aviation security.

 

The results were not, however, unexpected. We had conducted other covert testing in the past:

 

• In September 2014, we conducted covert testing of the checked baggage screening system and identified significant vulnerabilities in this area caused by human and technology based failures. We also determined that TSA did not have a process in place to assess or identify the cause for equipment-based test failures or the capability to independently assess whether deployed explosive detection systems are operating at the correct detection standards. We found that, notwithstanding an intervening investment of over $550 million, TSA had not improved checked baggage screening since our 2009 report on the same issue. (Vulnerabilities Exist in TSA’s Checked Baggage Screening Operations, OIG-14-142, Sept. 2014)

• In January 2012, we conducted covert testing of access controls to secure airport areas and identified significant access control vulnerabilities, meaning uncleared individuals could have unrestricted and unaccompanied access to the most vulnerable parts of the airport — the aircraft and checked baggage. (Covert Testing of Access Controls to Secured Airport Areas, OIG-12-26, Jan. 2012)

• In 2011, we conducted covert penetration testing on the previous generation of AIT machines in use at the time; the testing was far broader than the most recent testing, and likewise discovered significant vulnerabilities. (Penetration Testing of Advanced Imaging Technology, OIG-12-06, Nov. 2011)

 

The DHS Response

The Department’s response to our most recent findings has been swift and definite. For example, within 24 hours of receiving preliminary results of OIG covert penetration testing, the Secretary summoned senior TSA leadership and directed that an immediate plan of action be created to correct deficiencies uncovered by our testing. Moreover, DHS has initiated a program — led by members of Secretary Johnson’s leadership team — to conduct a focused analysis on issues that the OIG has uncovered, as well as other matters. These efforts have already resulted in significant changes to TSA leadership, operations, training, and policy, although the specifics of most of those changes cannot be discussed in an open setting, and should, in any event, come from TSA itself.

 

TSA has put forward a plan, consistent with our recommendations, to improve checkpoint quality in three areas: technology, personnel, and procedures. This plan is appropriate because the checkpoint must be considered as a single system: the most effective technology is useless without the right personnel, and the personnel need to be guided by the appropriate procedures. Unless all three elements are operating effectively, the checkpoint will not be effective.

 

We will be monitoring TSA’s efforts to increase the effectiveness of checkpoint operations and will continue to conduct covert testing. Consistent with our obligations under the Inspector General Act, we will report our results to this Committee as well as other committees of jurisdiction.

 

TSA has also been making significant progress on many additional, outstanding recommendations from prior reports.